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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

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Supreme Court Quashes High Court's Order in Tax Assessment Writ Petition Due to Statutory Remedy Foreclosure. High Court Exceeded Jurisdiction by Entertaining Writ Petition After Statutory Appeal Was Dismissed as Time-Barred Under Section 31 of the Andhra Pradesh Value Added Tax Act, 2005.

The dispute arose from a tax assessment order dated 21.6.2017 passed by the Assistant Commissioner of Commercial Taxes against the respondent, a regis...

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Supreme Court Upholds Redemption-Decree Holder in Mortgage Suit Under U.P. Agriculturists’ Relief Act Despite Repeal. Repeal of Relief Act Did Not Affect Pending Proceedings Due to Savings Clause in Section 6 of U.P. General Clauses Act and Section 23 of Amending Act 18 of 1956.

The dispute arose from a mortgage transaction where the successor-in-interest of the original mortgagor, the respondent, filed an application under Se...

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Supreme Court Dismisses Appeal Against Framing of Charges in Sexual Assault Case — Reiterates Limited Scope of Section 227/228 CrPC at Charge-Framing Stage

The Supreme Court dismissed the appeal filed by Tarun Jit Tejpal against the judgment of the Bombay High Court at Goa, which had refused to discharge ...

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Supreme Court Quashes Criminal Prosecution Under Sections 420 and 471 IPC Following Settlement of Loan Account Approved by Debts Recovery Tribunal — Criminal proceedings cannot continue after compromise of civil debt where no element of cheating from inception exists.

The case involves an appeal by Vijay Kumar Kela and his proprietary firm against an order of the Chhattisgarh High Court refusing to quash criminal pr...

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High Court Considers Whether Arbitrator Has Jurisdiction to Pass Successive Awards and Whether Claims Are Barred by Res Judicata. Challenge to Awards Confirmed by Lower Court Raises Issues of Functus Officio and Splitting of Claims under Sections 34 and 37 of Arbitration and Conciliation Act, 1996.

The appeals arose from two arbitration awards passed by the sole arbitrator in disputes between Mysore Lamp Works Limited (appellant) and S.V. Enginee...

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Supreme Court Sets Aside High Court's Quashing of FIRs in Non-Compoundable Offences Based on Compromise. The Court held that Section 482 CrPC cannot be used to quash serious offences like attempt to murder and robbery merely on compromise, as it affects public interest and societal order.

The Supreme Court of India heard two appeals by the State of Madhya Pradesh against separate High Court orders quashing criminal proceedings on the ba...

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Bombay High Court Dismisses Tenants' Revision Against Execution of Eviction Decree by Transferee Landlord. Transferee Pendente Lite Held Entitled to Execute Decree Under Order 22 Rule 10 CPC.

The present Civil Revision Application was filed by the tenants (applicants) challenging the order dated 27/28.11.2008 passed by the Appellate Bench o...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...